Fort Lauderdale, FL asked in Car Accidents for Florida

Q: Someone hit my truck 3 days ago and I don’t have insurance just got my license back. He did not have insurance and was s

And was scared so I did no call the cops on him. He promised he’d fix my truck. I got a picture of his license and tag number and phone number. Now he refuses to answer my calls or text. What could I do

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Your inquiry raises a few legal issues due to your decision to drive without insurance. One is, can you sue in small claims court (which takes cases for maximum $8,000), even though you were uninsured at the time? You probably can do that if you are able to present either a repair bill (with your testimony that you paid the bill) or a repair estimate with the testimony of the repair person who would be doing the repair in the future. (I say "probably" because I wouldn't know for certain without researching it.) Assuming you can, the next issue is, If you win, you're awarded a money judgment (including for your court costs), but will you be able to collect on the judgment? Maybe yes, maybe no. Another issue is, are you under a legal obligation to report this crash to the police? Consult a traffic ticket attorney about that. (The consultation would be confidential.)

Another issue here is, if you were driving without any insurance at the time of the accident (but did have an active license), can you possibly be penalized in a situation where police were not called to the scene but it comes out in Court that you had no insurance and/or you're legally obligated to report the crash? There again, consult a traffic ticket attorney. If you are penalized, it might be a license suspension with a fine and proof of insurance to get your license reinstated.

Another option you have is to pay an attorney to send a demand to the at-fault party, which may or may not work.

Terrence H Thorgaard agrees with this answer

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